Formlabs' website, http://formlabs.com, promotes the Form 1 3D printer asfollows: "The Form 1 marries high-end stereolithography (SL) technology and a seamless user experience at a price affordable to the professional designer, engineer and maker."10.
Upon information and belief, Kickstarter is a funds raiser and selling agent of Formlabs and has offered for sale and sold Form 1 3D printers within the United States andwithin this jurisdiction of this Court via its website:http://www.kickstarter.com/projects/formlabs/form-1-an-affordable-professional-3d-printer.11.
Upon information and belief, on or about September 26, 2012, Formlabs launcheda sales campaign with Kickstarter with a goal of raising $100,000. Upon information and belief,when this sales campaign ended on October 26, 2012, Formlabs had been pledged $2,945,885 by2,068 backers. Upon information and belief, the backers pledged from as little as $5.00 for an.STL file to as much as $10,000 for a Form 1 3D printer.12.
Upon information and belief, the majority of the funds for Formlabs were raised by Formlabs' and Kickstarter's sales of 1,028 Form 1 3D printers to be delivered from February2013 to April 2013. The Form 1 3D printers were initially sold at $2,299 and the prices wereincreased to $2,999.13.
According to the terms of Kickstarter and as stated in the Kickstarter FAQs:"Every project creator sets their project's funding goal and deadline. If people like the project,they can pledge money to make it happen. If the project succeeds in reaching its funding goal, all backers' credit cards are charged when time expires. If the project falls short, no one is charged.Funding on Kickstarter is all-or-nothing."14.
Therefore, upon information and belief, in Kickstarter’s case, all 2,068 backers werecharged their respective amounts on October 26, 2012, and that money was then made available